CESTAT Rulings


Quashes demand on works contract and consultancy service as wrongly confirmed under incorrect provisions

CESTAT Allahabad quashes demand on provisions of works contract  and consultancy engineering service as they were confirmed under incorrect provisions, states “Works Contract Service and En...View More

Dismisses undervaluation demand, rules section 138B non-compliance renders printouts/statement inadmissible

CESTAT Kolkata sets aside demand and denial of Notification No. 25/1999-Cus (as amended) benefit, on account of undervaluation of imports, finding that the demand, by rejecting import’s tra...View More

Disallows CENVAT-credit on Structural platforms, Iron/steel flat rolled-products, security services in employees' residential colony

CESTAT Allahabad disallows assessee (a manufacturer of Portland Pozzonala Cement) to take CENVAT credit on Structural platforms, flat rolled products of iron/ steel and hot rolled alloy...View More

'Fuel-adaptor' fixed to diesel-vehicles by BMWs vehicle distribution centre not incidental to manufacture 

CESTAT Chennai sets aside demand of differential duty and interest against BMW India Private Limited in respect of fuel adaptor fitted with the diesel cars at their Vehicle Distribution Centre (VDC) w...View More

Restructuring bare building into showroom by realtor not finishing service but original works 

CESTAT Delhi holds that conversion of bare skeletal structure of a building into modern commercial showrooms/outlets constitutes as ‘original works’, consequently quashes demand of service...View More

Construction services for IIT & other educational institutions exempt; Dismisses Revenue's appeal 

CESTAT Allahabad rejects Revenue's appeal, upholds the original order dropping demand for construction services rendered by assessee to education institutions like IIT, JK Educational Foundation, Supe...View More

Citing assessee’s consistent absence, direct evidence, upholds demand for undervaluing transaction value & RSP 

CESTAT Delhi upholds demand on assessee for undervaluation of import transaction value and for declaration of lower retail sale price (RSP) in the Bills of Entry; Observes that this is one of the rare...View More

Revenue Bears ‘onus of proof’ to show direct, incontrovertible evidence regarding clandestine removal 

CESTAT Allahabad holds that “charges of clandestine removal of the goods cannot be upheld merely on assumptions and presumptions, but has to be proved with positive evidence such as purchase of ...View More

Allows immediate, unconditional re-export of harmful insecticides 

CESTAT Allahabad in appeal concerning wrong shipment of insecticides, quashes order rejecting re-export of insecticides on finding that refusal to allow re-export is founded “merely on assumptio...View More

FOB value redetermination beyond Customs authorities' competence; Export incentives payable on exporter's declared value 

CESTAT Delhi sets aside Revenue's re-determination of FOB value for Readymade Garments exports, ruling that since FOB value represents the mutually agreed price between buyer and seller, Customs autho...View More